Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) A power of the Minister under this Division to give a written order that a thing is not to be condemned as forfeited must be exercised by the Minister personally.
(2) The Minister does not have a duty to consider whether to exercise such a power in respect of any thing, whether the Minister is requested to do so by any person, or in any other circumstances.
(3) If the Minister makes an order under this Division that a thing is not to be condemned as forfeited, he or she must cause to be laid before each House of the Parliament a statement that sets out:
(a) the order; and
(b) the Minister's reasons for making the order.
(4) A statement under subsection (3) is to be laid before each House of the Parliament within 15 sitting days of that House after:
(a) if the order is made between 1 January and 30 June (inclusive) in a year--1 July in that year; or
(b) if the order is made between 1 July and 31 December (inclusive) in a year--1 January in the following year.
No. 62, 1958
Compilation No. 162
Compilation date: 14 October 2024
Includes amendments: Act No. 38, 2024
This compilation is in 2 volumes
Schedule
Endnotes
Each volume has its own contents
About this compilation
This compilation
This is a compilation of the Migration Act 1958 that shows the text of the law as amended and in force on 14 October 2024 (the compilation date ).
The notes at the end of this compilation (the endnotes ) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.
Self - repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
Part 2--Arrival, presence and departure of persons
Division 14--Recovery of costs from certain persons
262 Liability to the Commonwealth for the cost of keeping, maintaining and removing certain persons
263 Secretary or Australian Border Force Commissioner able to issue notice of debt
264 Garnishee notice
265 Debt from failure to comply with garnishee notice
266 Future debts
267 Secretary or Australian Border Force Commissioner may freeze amounts to secure future debts
268 Application of Division to the Crown
Division 14A--Monitoring compliance with student visa conditions
Subdivision A--Preliminary
268AA Definitions
268AB Division binds the Crown
268AD Powers conferred on magistrates in their personal capacity
Subdivision B--Notices requiring information and documents
268BA Production notices
268BB Contents of the production notice
268BC Serving production notices
268BD Attendance notices
268BE Contents of attendance notice
268BF Scales of expenses
268BG Reasonable compensation for giving copies
268BH Offence: failing to comply with a notice
268BI Offence: giving false or misleading information
268BJ Offence: giving false or misleading document
268BK Information and documents that incriminate a person
268BL Copies of documents
268BM Officer may retain documents
268BN Owner of document must be given copy
268BO Retaining documents
268BP Officer may apply to magistrate or ART member for a further period
268BQ Magistrate or ART member may order retention for further period
Subdivision C--Searching education providers' premises
268CA Authorised officer may enter premises for a visa monitoring purpose
268CB Being on premises with consent
268CC Consent
268CD Authorised officer may apply for monitoring warrant
268CE Magistrate or ART member may issue monitoring warrant
268CF Magistrate or ART member may require more information
268CG Contents of monitoring warrant
268CH Use of reasonable force and assistance
268CI Monitoring powers of authorised officers
268CJ Authorised officer on premises with consent may ask questions
268CK Authorised officer on premises under warrant may ask questions
268CL Offence: failure to answer question
268CM Offence: giving false or misleading information
268CN Offence: giving or showing documents that are false or misleading in material particulars
268CO Use of electronic equipment in exercising monitoring powers
268CP Use of electronic equipment by experts
268CQ Extension of period
268CR Powers without warrant in emergency situations
268CS Retaining seized things
268CT Authorised officer may apply for a thing to be retained for a further period
268CU Magistrate or ART member may order that thing be retained
268CV Occupier to provide authorised officer with all facilities and assistance
268CW Announcement before entry
268CX Copy of monitoring warrant to be given to occupier before entry
268CY Compensation for damage to electronic equipment or data
268CZ Occupier entitled to be present during execution of monitoring warrant
268CZA Identity cards
268CZB Authorised officer must produce identity card on request
268CZC Officer may apply for warrants by telephone etc.
268CZD Magistrate or ART member may grant warrant by telephone etc.
268CZE Procedure for issuing warrant by telephone etc.
268CZF Procedure after telephone warrant ceases or is executed
268CZG Form of warrant authorises exercise of power
268CZH Court to assume that exercise of power not authorised by telephone etc. warrant
Division 15--General
269 Securities
270 Reports of absences of crews of vessels
271 Proof of certain matters
272 Migrant centres
273 Detention centres
274 Secretary or Australian Border Force Commissioner may issue documents containing information concerning certain persons
Part 3--Migration agents and immigration assistance
Division 1--Preliminary
275 Interpretation
276 Immigration assistance
278 Relation by employment
278A Eligibility for restricted legal practitioners
279 Part VIIC of the Crimes Act 1914 to apply to this Part
Division 2--Restrictions on giving of immigration assistance and making of immigration representations
280 Restrictions on giving of immigration assistance
281 Restriction on charging fees for immigration assistance
282 Restriction on charging fees for immigration representations
283 False representation that a person is a registered migration agent
284 Restriction on self - advertising of the giving of immigration assistance
285 Restriction on other advertising of immigration assistance
Division 3--Registration of migration agents
287 Register of Migration Agents
288 Application for registration
288A Publishing requirement
288B Requirement to provide further information etc.
289 Registration
289A Applicant must not be registered if academic and vocational requirements are not satisfied
289B Applications by Australian legal practitioners
290 Applicant must not be registered if not a person of integrity or not fit and proper
290A Applicant must not be registered if continuing professional development requirements are not satisfied
290B Applicant must not be registered if any unpaid registration status charge
291 Applicant must not be registered if registration refused in past year
291A Applicant must not be registered if suspension would be in effect
292 Applicant must not be registered if registration cancelled in past 5 years
292A Applicant must not be registered if any barring period has not ended
292B Applicant must not be registered unless he or she holds appropriate professional indemnity insurance
293 Applicant under 18 must not be registered
294 Applicant must not be registered if not an Australian citizen, permanent resident or New Zealander with special visa
295 Notice of refusal of application
299 Period of registration
300 Automatic continuation of registration
301 Migration Agents Registration Authority must warn of expiry
302 Automatic deregistration
302A Cancellation of registration--Australian legal practitioners
303 Disciplining registered migration agents
304 Period of suspension
304A Conditions for lifting cautions
305 Notice of disciplinary decision
305A Making disciplinary details publicly available
305B Providing disciplinary details to clients
305C Requiring registered migration agents to give information or documents
306 Review by the ART
306AA Stay orders
Division 3A--Documents relating to clients of inactive migration agents and deceased migration agents
306A Objects of this Division
306B Inactive migration agents
306C Definition of client
306D Power to obtain documents from inactive migration agent
306E Power to obtain documents from representative of deceased inactive migration agent
306F Power to obtain documents from representative of deceased registered migration agent
306G Reasonable compensation
306H Failure to comply with notice
306J Self - incrimination
306K Migration Agents Registration Authority to give client documents to clients
306L Compensation--constitutional safety - net
Division 4--Investigations and decision - making by the Migration Agents Registration Authority
308 Requiring registered migration agents to give information
309 Persons may make submissions
310 Persons may appear before Migration Agents Registration Authority
311 Migration Agents Registration Authority not bound by legal forms etc.
Division 4A--Disciplining former registered migration agents
311A Barring former registered migration agents from being registered for up to 5 years
311B Notice of disciplinary decision
311C Making disciplinary details publicly available
311D Former registered migration agent may make a submission etc.
311E Authority not bound by legal forms etc.
311EA Requiring former registered migration agents to give information or documents
311F Review by the ART
Division 5--Obligations of registered migration agents
312 Notification obligations
312A Notification of giving of immigration assistance to visa applicants
312B Notification of giving of immigration assistance to review applicants
313 Persons charged for services to be given detailed statement of services
314 Code of Conduct for migration agents
Division 6--Migration Agents Registration Authority
315 Migration Agents Registration Authority--nature, powers and functions
316 Functions of Migration Agents Registration Authority
317 General powers of the Migration Agents Registration Authority
318 Power to refer people to mediation
319 Referral of conduct of certain migration agents to legal disciplinary authorities
320 Minister may delegate powers and functions
321A Disclosure of personal information by the Migration Agents Registration Authority
Division 6A--Registration application fees and registration status charges
332A Collection of registration status charge
Division 7--Other things
332C Removing disciplinary details--registered migration agents
332D Removing disciplinary details--former registered migration agents
332E Protection from civil proceedings
332F Disclosure of personal information by the Secretary
332G Disclosure of personal information by the ART
332H Giving of notices under this Part
Division 8--Transitional arrangements for Australian legal practitioners
333 Definitions
333A Restrictions on giving immigration assistance and making immigration representations
333B Registered migration agents who were unrestricted legal practitioners immediately before the Division 8 commencement day
333C Persons who were restricted legal practitioners immediately before the Division 8 commencement day
333D Registration applications made before the Division 8 commencement day
333E Events required to be notified under s 312(4)
Part 4--Offences relating to decisions under Act
334 Offences in relation to false or misleading statements regarding the making of decisions
335 Offence of undertaking, for reward, to cause decisions to be made etc.
336 Court may order reparation for loss suffered
Part 4A--Obligations relating to identifying information
Division 1--Preliminary
336A Definitions
336B Application
Division 2--Accessing identifying information
336C Accessing identifying information
336D Authorising access to identifying information
Division 3--Disclosing identifying information
336E Disclosing identifying information
336F Authorising disclosure of identifying information to foreign countries etc.
336FA Disclosure of certain personal identifiers to selected individuals
336FB Disclosure of other relevant information to selected individuals
336FC Disclosure of certain personal identifiers to the general public
336FD Disclosure of other relevant information to the general public
Division 4--Modifying and impairing identifying information
336G Unauthorised modification of identifying information
336H Unauthorised impairment of identifying information
336J Meanings of unauthorised modification and unauthorised impairment etc.
Division 5--Destroying identifying information
336K Destroying identifying information
336L Identifying information that may be indefinitely retained
Part 5--Reviewable migration decisions and reviewable protection decisions
Division 1--Preliminary
336M Simplified outline of this Part
336N Scope of this Part
336P Interaction with the ART Act
337 Interpretation
338 Meaning of reviewable migration decision
338A Meaning of reviewable protection decision
339 Conclusive certificates
Division 2--ART review
347 Application for ART review
347A Who can apply for ART review etc.
348 ART to review reviewable migration decisions and reviewable protection decisions
348A Parties to a proceeding for review
349 Remittal
350 Review of assessments made under section 93
351 Minister may substitute more favourable decision
352 ART to notify Secretary of application for review
Division 3--ART powers
353 ART may require Secretary to arrange for investigations etc.
Division 4--Conduct of ART review
357A Exhaustive statement of natural justice hearing rule
359A Information and invitation given by ART
362A Applicant entitled to have access to written material before Tribunal
363 Reviews may be combined
366D Examination and cross - examination not permitted
367 Certain bridging visa decisions--to be made within prescribed period
367A How ART is to deal with new claims or evidence in review of reviewable protection decisions
367B Certain ART proceedings must be in private
Division 5--ART decisions
368 ART's decision and written statement etc.
368A Notification of ART's decision
368B Notice of dismissal and reinstatement decisions and when taken to have been made
368C Reinstatement of application or confirmation of dismissal
369 Identifying information relating to reviewable protection decisions not to be published
Division 6--Other matters
374 How the ART must give certain notices and directions to an applicant
375 Restrictions on disclosure of certain information etc.
375A Certain information only to be disclosed to ART
376 ART's discretion in relation to disclosure of certain information etc.
378 Protected information and documents
Division 7--Giving and receiving documents
379AA Giving documents by ART where no requirement to do so by specified method
379A Methods by which ART gives documents to a person
379C When a person other than the Secretary is taken to have received a document from the ART
379EA Giving documents by ART--combined applications
379G Authorised recipient
Part 8--Judicial review
Division 1--Privative clause
474 Decisions under Act are final
Division 1A--Interaction with the ART Act
474AA Interaction with the ART Act
Division 2--Jurisdiction and procedure of courts
474A Definition of ART Act migration decision
475 This Division not to limit section 474
476 Jurisdiction of the Federal Circuit and Family Court of Australia (Division 2)
476A Limited jurisdiction of the Federal Court
476B Remittal by the High Court
477 Time limits on applications to the Federal Circuit and Family Court of Australia (Division 2)
477A Time limits on applications to the Federal Court
478 Persons who may make application
479 Parties to review
480 Intervention by Attorney - General
481 Operation etc. of decision
482 Changing person holding, or performing the duties of, an office
484 Exclusive jurisdiction of High Court, Federal Court and Federal Circuit and Family Court of Australia (Division 2)
Part 8A--Restrictions on court proceedings
486A Time limit on applications to the High Court for judicial review
486AA Intervention by Attorney - General
486AB Operation etc. of decision
486B Multiple parties in migration litigation
486C Persons who may commence or continue proceedings in the Federal Circuit and Family Court of Australia (Division 2) or the Federal Court
486D Disclosing other judicial review proceedings
Part 8B--Costs orders where proceedings have no reasonable prospect of success
486E Obligation where there is no reasonable prospect of success
486F Cost orders
486G Person must be given reasonable opportunity to argue against costs order
486H Limited waiver of legal professional privilege
486I Lawyer's certification
486J Part does not limit other powers to order costs against third parties
486K Definitions
Part 8C--Reports on persons in detention for more than 2 years
486L What is the detention reporting start time for a person?
486M What is a detention reporting time for a person?
486N Secretary's obligation to report to Commonwealth Ombudsman
486O Commonwealth Ombudsman to give Minister assessment of detention arrangements
486P Minister to table statement from Commonwealth Ombudsman
486Q Application of Ombudsman Act 1976
Part 8D--Civil penalties
Division 1--Obtaining a civil penalty order
486R Civil penalty orders
486S Additional rules relating to the sponsorship civil penalty provisions
486T Civil enforcement of penalty
486U Conduct contravening more than one civil penalty provision
486V Multiple contraventions
486W Proceedings may be heard together
486X Civil evidence and procedure rules for civil penalty orders
486Y Requirement for persons to assist in applications for civil penalty orders
Division 2--Civil proceedings and criminal proceedings
486Z Civil proceedings after criminal proceedings
486ZA Criminal proceedings during civil proceedings
486ZB Criminal proceedings after civil proceedings
486ZC Evidence given in civil proceedings not admissible in criminal proceedings
Division 3--Miscellaneous
486ZD Ancillary contravention of civil penalty provisions
486ZE Mistake of fact
486ZF State of mind
486ZG Civil double jeopardy
Part 8E--Investigation powers relating to certain offences and provisions
Division 1--Preliminary
487A Definitions
Division 2--Requiring persons to give information or produce documents
487B Secretary or Australian Border Force Commissioner may require a person to give information or produce a document
487C Self - incrimination
Division 3--Search warrants
Subdivision A--Search powers
487D Authorised officer may enter premises by consent or under a search warrant
487E Search powers of authorised officers
487F Powers relating to electronic equipment
487G Seizing evidence of the contravention of related provisions etc.
487H Persons assisting authorised officers
487J Use of force in executing a search warrant
Subdivision B--Powers of authorised officers to ask questions and seek production of documents
487K Authorised officer may ask questions and seek production of documents
Subdivision C--Obligations and incidental powers of authorised officers
487L Consent
487M Announcement before entry under search warrant
487N Authorised officer to be in possession of search warrant
487P Details of search warrant etc. to be given to occupier
487Q Completing execution of search warrant after temporary cessation
487R Completing execution of search warrant stopped by court order
487S Expert assistance to operate electronic equipment
487T Compensation for damage to electronic equipment
Subdivision D--Occupier's rights and responsibilities
487U Occupier entitled to observe execution of search warrant
487V Occupier to provide authorised officer with facilities and assistance
Subdivision E--General provisions relating to seizure
487W Copies of seized things to be provided
487X Receipts for seized things
487Y Return of seized things
487Z Issuing officer may permit a seized thing to be retained
487ZA Disposal of seized things
487ZB Compensation for acquisition of property
Subdivision F--Issue of search warrants
487ZC Issue of search warrants
487ZD Search warrants by telephone, fax etc.
487ZE Authority of search warrant
487ZF Offence relating to search warrants by telephone, fax etc.
Subdivision G--Identity cards
487ZG Identity cards
Subdivision H--Powers of issuing officers
487ZH Powers of issuing officers
Part 9--Miscellaneous
Division 1--Bogus documents
487ZI Prohibition on, and forfeiture of, bogus documents
487ZJ Seizure of bogus documents
487ZK Document condemned as forfeited
487ZL Dealing with a document after it is condemned as forfeited
Division 2--Other
487 Liability for identification tests
488 Tampering with movements records
488A Giving information to other relevant agencies
488AA Things seized under Crimes Act search warrant and information about such things
488B Authorisation to disclose information to an officer
489 Notified data bases
490 Identification card to be deemed to continue to be in a form approved by the Minister
492 Commencement of prosecutions
493 Conduct of directors, employees and agents
494 Jurisdiction of courts
494AA Bar on certain legal proceedings relating to unauthorised maritime arrivals
494AB Bar on certain legal proceedings relating to transitory persons
494A Giving documents by Minister where no requirement to do so by section 494B method
494B Methods by which Minister gives documents to a person
494C When a person is taken to have received a document from the Minister
494D Authorised recipient
494E When documents are taken to comply with content requirements
495 Minister may approve forms
495A Minister may arrange for use of computer programs to make decisions etc.
495B Minister may substitute more favourable decisions for certain computer - based decisions
496 Delegation
497 Delegate not required to perform certain administrative tasks
498 Exercise of powers under Act
499 Minister may give directions
500 Review of decision
500AA Applications generally cannot be made to the ART guidance and appeals panel
500A Refusal or cancellation of temporary safe haven visas
501 Refusal or cancellation of visa on character grounds
501A Refusal or cancellation of visa--setting aside and substitution of non - adverse decision under subsection 501(1) or (2)
501B Refusal or cancellation of visa--setting aside and substitution of adverse decision under subsection 501(1) or (2)
501BA Cancellation of visa--setting aside and substitution of non - adverse decision under section 501CA
501C Refusal or cancellation of visa--revocation of decision under subsection 501(3) or 501A(3)
501CA Cancellation of visa--revocation of decision under subsection 501(3A) (person serving sentence of imprisonment)
501D Refusal or cancellation of visa--method of satisfying Minister that person passes the character test
501E Refusal or cancellation of visa--prohibition on applying for other visas
501F Refusal or cancellation of visa--refusal of other visa applications and cancellation of other visas
501G Refusal or cancellation of visa--notification of decision
501H Refusal or cancellation of visa--miscellaneous provisions
501HA Application of sections 501 to 501H to transitional (permanent) visas and transitional (temporary) visas
501J Refusal or cancellation of protection visa--Minister may substitute more favourable decision
501K Identity of applicants for protection visas not to be published by the ART
501L Disclosure of information to the Minister
502 Minister may decide in the national interest that certain persons are to be excluded persons
503 Exclusion of certain persons from Australia
503A Protection of information supplied by law enforcement agencies or intelligence agencies
503B Protection of confidential information disclosed to Federal Court or Federal Circuit and Family Court of Australia (Division 2)--permanent non - disclosure orders
503C Protection of confidential information disclosed to Federal Court or Federal Circuit and Family Court of Australia (Division 2)--interim non - disclosure orders
503D Details of gazetted agency to be treated as protected information
503E Validation of decisions
504 Regulations
505 Regulations about visa criteria
506 Regulations about passenger cards
506A Regulations may provide for infringement notices
506B Tax file numbers
507 Marital or relationship status
The Schedule--Acts relating to immigration and deportation repealed
Endnotes
Endnote 1--About the endnotes
Endnote 2--Abbreviation key
Endnote 3--Legislation history
Endnote 4--Amendment history
Endnote 5--Editorial changes
Endnote 6--Miscellaneous